21986A0331(08)

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PROTOCOL 7

CONTAINING THE TEXT OF PROTOCOL 3 ON ACP SUGAR APPEARING IN THE ACP-EEC CONVENTION OF LOME SIGNED ON 28 FEBRUARY 1975 AND THE CORRESPONDING DECLARATIONS ANNEXED TO THAT CONVENTION

PROTOCOL 3

ON ACP SUGAR

ARTICLE 1

1 . THE COMMUNITY UNDERTAKES FOR AN INDEFINITE PERIOD TO PURCHASE AND IMPORT , AT GUARANTEED PRICES , SPECIFIC QUANTITIES OF CANE SUGAR , RAW OR WHITE , WHICH ORIGINATE IN THE ACP STATES AND WHICH THESE STATES UNDERTAKE TO DELIVER TO IT .

2 . THE SAFEGUARD CLAUSE IN ARTICLE 10 OF THE CONVENTION SHALL NOT APPLY . THE IMPLEMENTATION OF THIS PROTOCOL IS CARRIED OUT WITHIN THE FRAMEWORK OF THE MANAGEMENT OF THE COMMON ORGANIZATION OF THE SUGAR MARKET WHICH , HOWEVER , SHALL IN NO WAY PREJUDICE THE COMMITMENT OF THE COMMUNITY UNDER PARAGRAPH 1 .

ARTICLE 2

1 . WITHOUT PREJUDICE TO ARTICLE 7 , NO CHANGE IN THIS PROTOCOL MAY ENTER INTO FORCE UNTIL A PERIOD OF FIVE YEARS HAS ELAPSED FROM THE DATE ON WHICH THE CONVENTION ENTERS INTO FORCE . THEREAFTER , SUCH CHANGES AS MAY BE AGREED UPON WILL COME INTO FORCE AT A TIME TO BE AGREED .

2 . THE CONDITIONS FOR IMPLEMENTING THE GUARANTEE REFERRED TO IN ARTICLE 1 SHALL BE RE-EXAMINED BEFORE THE END OF THE SEVENTH YEAR OF THEIR APPLICATION .

ARTICLE 3

1 . QUANTITIES OF CANE SUGAR REFERRED TO IN ARTICLE 1 , EXPRESSED IN TONNES OF WHITE SUGAR , HEREINAFTER REFERRED TO AS " AGREED QUANTITIES " , FOR DELIVERY IN EACH 12-MONTH PERIOD REFERRED TO IN ARTICLE 4 ( 1 ) , SHALL BE AS FOLLOWS :

BARBADOS 49 300

FIJI 163 600

GUYANA 157 700

JAMAICA 118 300

KENYA 5 000

MADAGASCAR 10 000

MALAWI 20 000

MAURITIUS 487 200

PEOPLE'S REPUBLIC OF THE CONGO 10 000

SWAZILAND 116 400

TANZANIA 10 000

TRINIDAD AND TOBAGO 69 000

UGANDA 5 000

2 . SUBJECT TO ARTICLE 7 , THESE QUANTITIES MAY NOT BE REDUCED WITHOUT THE CONSENT OF THE INDIVIDUAL STATES CONCERNED .

3 . NEVERTHELESS , IN RESPECT OF THE PERIOD UP TO 30 JUNE 1975 , THE AGREED QUANTITIES , EXPRESSED IN TONNES OF WHITE SUGAR , SHALL BE AS FOLLOWS :

BARBADOS 29 600

FIJI 25 600

GUYANA 29 600

JAMAICA 83 800

MADAGASCAR 2 000

MAURITIUS 65 300

SWAZILAND 19 700

TRINIDAD AND TOBAGO 54 200

ARTICLE 4

1 . IN EACH 12-MONTH PERIOD FROM 1 JULY TO 30 JUNE INCLUSIVE , HEREINAFTER REFERRED TO AS THE " DELIVERY PERIOD " , THE SUGAR-EXPORTING ACP STATES UNDERTAKE TO DELIVER THE QUANTITIES REFERRED TO IN ARTICLE 3 ( 1 ) , SUBJECT TO ANY ADJUSTMENTS RESULTING FROM THE APPLICATION OF ARTICLE 7 . A SIMILAR UNDERTAKING SHALL APPLY EQUALLY TO THE QUANTITIES REFERRED TO IN ARTICLE 3 ( 3 ) IN RESPECT OF THE PERIOD UP TO 30 JUNE 1975 , WHICH SHALL ALSO BE REGARDED AS A DELIVERY PERIOD .

2 . THE QUANTITIES TO BE DELIVERED UP TO 30 JUNE 1975 , REFERRED , TO IN ARTICLE 3 ( 3 ) , SHALL INCLUDE SUPPLY EN ROUTE FROM PORT OF SHIPMENT OR , IN THE CASE OF LAND-LOCKED STATES , ACROSS FRONTIERS .

3 . DELIVERIES OF ACP CANE SUGAR IN THE PERIOD UP TO 30 JUNE 1975 SHALL BENEFIT FROM THE GUARANTEED PRICES APPLICABLE IN THE DELIVERY PERIOD BEGINNING 1 JULY 1975 . IDENTICAL ARRANGEMENTS MAY BE MADE FOR SUBSEQUENT DELIVERY PERIODS .

ARTICLE 5

1 . WHITE OR RAW SUGAR SHALL BE MARKETED ON THE COMMUNITY MARKET AT PRICES FREELY NEGOTIATED BETWEEN BUYERS AND SELLERS .

2 . THE COMMUNITY SHALL NOT INTERVENE IF AND WHEN A MEMBER STATE ALLOWS SELLING PRICES WITHIN ITS BORDERS TO EXCEED THE COMMUNITY'S THRESHOLD PRICE .

3 . THE COMMUNITY UNDERTAKES TO PURCHASE , AT THE GUARANTEED PRICE , QUANTITIES OF WHITE OR RAW SUGAR , WITHIN AGREED QUANTITIES , WHICH CANNOT BE MARKETED IN THE COMMUNITY AT A PRICE EQUIVALENT TO OR IN EXCESS OF THE GUARANTEED PRICE .

4 . THE GUARANTEED PRICE , EXPRESSED IN UNITS OF ACCOUNT , SHALL REFER TO UNPACKED SUGAR , CIF EUROPEAN PORTS OF THE COMMUNITY , AND SHALL BE FIXED IN RESPECT OF STANDARD QUALITY SUGAR . IT SHALL BE NEGOTIATED ANNUALLY , WITHIN THE PRICE RANGE OBTAINING IN THE COMMUNITY , TAKING INTO ACCOUNT ALL RELEVANT ECONOMIC FACTORS , AND SHALL BE DECIDED AT THE LATEST BY 1 MAY IMMEDIATELY PRECEDING THE DELIVERY PERIOD TO WHICH IT WILL APPLY .

ARTICLE 6

PURCHASE AT THE GUARANTEED PRICE , REFERRED TO IN ARTICLE 5 ( 3 ) , SHALL BE ASSURED THROUGH THE MEDIUM OF THE INTERVENTION AGENCIES OR OF OTHER AGENTS APPOINTED BY THE COMMUNITY .

ARTICLE 7

1 . IF , DURING ANY DELIVERY PERIOD , A SUGAR-EXPORTING ACP STATE FAILS TO DELIVER ITS AGREED QUANTITY IN FULL FOR REASONS OF FORCE MAJEURE THE COMMISSION SHALL , AT THE REQUEST OF THE STATE CONCERNED , ALLOW THE NECESSARY ADDITIONAL PERIOD FOR DELIVERY .

2 . IF A SUGAR-EXPORTING ACP STATE INFORMS THE COMMISSION DURING THE COURSE OF A DELIVERY PERIOD THAT IT WILL BE UNABLE TO DELIVER ITS AGREED QUANTITY IN FULL AND THAT IT DOES NOT WISH TO HAVE THE ADDITIONAL PERIOD REFERRED TO IN PARAGRAPH 1 , THE SHORTFALL SHALL BE RE-ALLOCATED BY THE COMMISSION FOR DELIVERY DURING THE DELIVERY PERIOD IN QUESTION . SUCH RE-ALLOCATION SHALL BE MADE BY THE COMMISSION AFTER CONSULTATION WITH THE STATES CONCERNED .

3 . IF , DURING ANY DELIVERY PERIOD , A SUGAR-EXPORTING ACP STATE FAILS TO DELIVER ITS AGREED QUANTITY IN FULL FOR REASONS OTHER THAN FORCE MAJEURE , THAT QUANTITY SHALL BE REDUCED IN RESPECT OF EACH SUBSEQUENT DELIVERY PERIOD BY THE UNDELIVERED QUANTITY .

4 . IT MAY BE DECIDED BY THE COMMISSION THAT IN RESPECT OF SUBSEQUENT DELIVERY PERIODS , THE UNDELIVERED QUANTITY SHALL BE RE-ALLOCATED BETWEEN THE OTHER STATES WHICH ARE REFERRED TO IN ARTICLE 3 . SUCH RE-ALLOCATION SHALL BE MADE IN CONSULTATION WITH THE STATES CONCERNED .

ARTICLE 8

1 . AT THE REQUEST OF ONE OR MORE OF THE STATES SUPPLYING SUGAR UNDER THE TERMS OF THIS PROTOCOL , OR OF THE COMMUNITY , CONSULTATIONS RELATING TO ALL MEASURES NECESSARY FOR THE APPLICATION OF THIS PROTOCOL SHALL TAKE PLACE WITHIN AN APPROPRIATE INSTITUTIONAL FRAMEWORK TO BE ADOPTED BY THE CONTRACTING PARTIES . FOR THIS PURPOSE THE INSTITUTIONS ESTABLISHED BY THE CONVENTION MAY BE USED DURING THE PERIOD OF APPLICATION OF THE CONVENTION .

2 . IN THE EVENT OF THE CONVENTION CEASING TO BE OPERATIVE , THE SUGAR-SUPPLYING STATES REFERRED TO IN PARAGRAPH 1 AND THE COMMUNITY SHALL ADOPT THE APPROPRIATE INSTITUTIONAL PROVISIONS TO ENSURE THE CONTINUED APPLICATION OF THE PROVISIONS OF THIS PROTOCOL .

3 . THE PERIODICAL REVIEWS PROVIDED FOR UNDER THIS PROTOCOL SHALL TAKE PLACE WITHIN THE AGREED INSTITUTIONAL FRAMEWORK .

ARTICLE 9

SPECIAL TYPES OF SUGAR TRADITIONALLY DELIVERED TO MEMBER STATES BY CERTAIN SUGAR-EXPORTING ACP STATES SHALL BE INCLUDED IN , AND TREATED ON THE SAME BASIS AS , THE QUANTITIES REFERRED TO IN ARTICLE 3 .

ARTICLE 10

THE PROVISIONS OF THIS PROTOCOL SHALL REMAIN IN FORCE AFTER THE DATE SPECIFIED IN ARTICLE 91 OF THE CONVENTION . AFTER THAT DATE THE PROTOCOL MAY BE DENOUNCED BY THE COMMUNITY WITH RESPECT TO EACH ACP STATE AND BY EACH ACP STATE WITH RESPECT TO THE COMMUNITY , SUBJECT TO TWO YEARS' NOTICE .

ANNEX

DECLARATIONS ON PROTOCOL 3 TO THE ACP-EEC CONVENTION OF LOME

1 . JOINT DECLARATION CONCERNING POSSIBLE REQUESTS FOR PARTICIPATION IN THE PROVISIONS OF PROTOCOL 3

ANY REQUEST FROM AN ACP STATE CONTRACTING PARTY TO THE CONVENTION NOT SPECIFICALLY REFERRED TO IN PROTOCOL 3 TO PARTICIPATE IN THE PROVISIONS OF THAT PROTOCOL SHALL BE EXAMINED ( 1 ) .

2 . DECLARATION BY THE COMMUNITY CONCERNING SUGAR ORIGINATING IN BELIZE , ST-KITTS-NEVIS-ANGUILLA AND SURINAME

( A ) THE COMMUNITY UNDERTAKES TO ADOPT THE NECESSARY MEASURE TO ENSURE THE SAME TREATMENT AS PROVIDED FOR IN PROTOCOL N 3 , FOR THE FOLLOWING QUANTITIES OF CANE SUGAR , RAW OR WHITE , ORIGINATING IN :

BELIZE 39 400 TONNES

ST-KITTS-NEVIS-ANGUILLA 14 800 TONNES

SURINAME 4 000 TONNES

( B ) NEVERTHELESS , IN RESPECT OF THE PERIOD UP TO 30 JUNE 1975 , THE QUANTITIES SHALL BE AS FOLLOWS :

BELIZE 14 800 TONNES

ST-KITTS-NEVIS-ANGUILLA 7 900 TONNES ( 2 )

3 . DECLARATION BY THE COMMUNITY ON ARTICLE 10 OF PROTOCOL 3

THE COMMUNITY DECLARES THAT ARTICLE 10 OF PROTOCOL 3 PROVIDING FOR THE POSSIBILITY OF DENUNCIATION IN THAT PROTOCOL , UNDER THE CONDITIONS SET OUT IN THAT ARTICLE , IS FOR THE PURPOSES OF JURIDICAL SECURITY AND DOES NOT REPRESENT FOR THE COMMUNITY ANY QUALIFICATION OR LIMITATION OF THE PRINCIPLES ENUNCIATED IN ARTICLE 1 OF THAT PROTOCOL ( 1 ) .

( 1 ) ANNEX XIII TO THE FINAL ACT OF THE ACP-EEC CONVENTION OF LOME .

( 2 ) ANNEX XXI TO THE FINAL ACT OF THE ACP-EEC CONVENTION OF LOME .

( 3 ) ANNEX XXII TO THE FINAL ACT OF THE ACP-EEC CONVENTION OF LOME .